How long do I have to record a construction lien in Florida?

Under section 713.08(5), the claim of lien may be recorded at any time during the progress of the work or thereafter, but not later than 90 days after the final furnishing of the labor, services, or materials by the lienor.

How long does a recorded lien last before I must sue to enforce it?

Under section 713.22, a lien does not continue for a longer period than 1 year after the claim of lien has been recorded, unless within that time an action to enforce the lien is commenced in a court of competent jurisdiction.

Are there special rules for work on a home?

Yes. Under section 713.015, a direct contract greater than $2,500 between an owner and a contractor for improvements to single or multiple family dwellings up to and including four units must contain the statutory construction lien notice provision.

Construction Lien Deadlines in Florida

Florida's Construction Lien Law in Chapter 713 of the Florida Statutes sets who may claim a construction lien and the deadlines to serve notice, record the claim of lien, and bring an action to enforce it.

In Florida, construction (mechanics) lien rights are governed by Part I of Chapter 713, Florida Statutes, known as the Construction Lien Law. The statute identifies the persons who may claim a lien, requires certain lienors to serve a notice to the owner, sets a deadline to record the claim of lien after final furnishing, and fixes how long a recorded lien lasts before an enforcement action must be filed. Additional provisions address direct contracts for residential dwellings and the waiver or release of lien rights.

Filing and enforcing a construction lien in Florida

A materialman or laborer who is in privity with the owner, or a contractor who complies with the statute, has a lien on the real property improved for money owed for labor, services, or materials. ¹

Persons who are not in privity with the owner and who furnish labor, services, or materials as part of an improvement under another person's direct contract have lien rights as provided in section 713.06. ²

A lienor not in privity with the owner must serve a notice to owner before commencing, or not later than 45 days after commencing, to furnish labor, services, or materials. ³

The claim of lien may be recorded during the progress of the work or afterward, but not later than 90 days after the final furnishing of labor, services, or materials by the lienor. ⁴

A lien does not continue for a longer period than 1 year after the claim of lien has been recorded, unless an action to enforce the lien is timely commenced. ⁵

For a direct contract greater than $2,500 between an owner and a contractor for improvements to dwellings of up to four units, the contract must contain a statutory construction lien notice. ⁶

A right to claim a lien may not be waived in advance, and a lien right may be waived only to the extent of labor, services, or materials furnished. ⁷

Sources

Under section 713.05, a materialman or laborer in privity with the owner, or a contractor who complies with the statute, has a lien on the real property improved.
Fla. Stat. 713.05Florida Statutes Chapter 713, s. 713.05 Liens of persons in privityVerified August 4, 2026↑
Under section 713.02(4), persons not in privity with the owner who furnish labor, services, or materials as part of an improvement under another's direct contract have lien rights as provided in section 713.06.
Fla. Stat. 713.02Florida Statutes Chapter 713, s. 713.02 Types of lienors and exemptionsVerified August 4, 2026↑
Under section 713.06, a notice to owner must be served before commencing, or not later than 45 days after commencing, to furnish labor, services, or materials.
Fla. Stat. 713.06Florida Statutes Chapter 713, s. 713.06 Liens of persons not in privity; proper paymentsVerified August 4, 2026↑
Under section 713.08(5), the claim of lien may be recorded during the work or thereafter, but not later than 90 days after the final furnishing of labor, services, or materials by the lienor.
Fla. Stat. 713.08Florida Statutes Chapter 713, s. 713.08 Claim of lienVerified August 4, 2026↑
Under section 713.22, a lien does not continue for a longer period than 1 year after the claim of lien has been recorded.
Fla. Stat. 713.22Florida Statutes Chapter 713, s. 713.22 Duration of lienVerified August 4, 2026↑
Under section 713.015, a direct contract greater than $2,500 between an owner and a contractor for dwellings up to and including four units must contain the statutory construction lien notice provision.
Fla. Stat. 713.015Florida Statutes Chapter 713, s. 713.015 Mandatory provisions for direct contractsVerified August 4, 2026↑
Under section 713.20, a right to claim a lien may not be waived in advance, and a lien right may be waived only to the extent of labor, services, or materials furnished.
Fla. Stat. 713.20Florida Statutes Chapter 713, s. 713.20 Waiver or release of liensVerified August 4, 2026↑

Frequently asked questions

How long do I have to record a construction lien in Florida?: Under section 713.08(5), the claim of lien may be recorded at any time during the progress of the work or thereafter, but not later than 90 days after the final furnishing of the labor, services, or materials by the lienor.
Do I have to serve a notice to the owner?: A lienor who is not in privity with the owner must serve a notice to owner before commencing, or not later than 45 days after commencing, to furnish labor, services, or materials, as provided in section 713.06.
How long does a recorded lien last before I must sue to enforce it?: Under section 713.22, a lien does not continue for a longer period than 1 year after the claim of lien has been recorded, unless within that time an action to enforce the lien is commenced in a court of competent jurisdiction.
Are there special rules for work on a home?: Yes. Under section 713.015, a direct contract greater than $2,500 between an owner and a contractor for improvements to single or multiple family dwellings up to and including four units must contain the statutory construction lien notice provision.

This page is general information about state law, not legal advice. Laws change, and how they apply depends on the facts of your situation.